Chinese and Korean National Phase Entry Course

We, Tsubame Patent Attorney Firm, can assist you with your application inChina and Korea either through PCT or Paris Convention route.

We provide one-stop service from the initial filing, Office Action responding, up to the grant of right for
your applications in Japan, China and Korea.
While our local counsels will perform the submission before each country's Office, Tsubame will select
high-quality representatives through efficient coordination. We have staff proficient in Chinese,
English, Korean and German to smoothly communicate with local counsel in each country and help to
reduce the overall costs for our clients.

PCT National Phase Entry in China and Korea

Through the PCT national phase entry course in China and Korea, we will assist you with your international application in the above
countries together with our local attorneys.
We will support your application by communicating with our local representatives regarding nationale entry request procedures in China
and Korea, preparation and submission of translations, office actions, etc..

Features of this Course

We, Tsubame Patent Attorney Firm, provide PCT national phase entry service in China and Korean together with our local attorneys.
Our service encompasses filing national phase entry request, providing and filing high quality and low-cost translations, answering Office
Actions, and registration process for grant of right.

By having us serve as your partner, you will find our service has following strengths:

1.
Attorney fees in China, Korea and Japan will be greatly reduced.

2.
Developments of a same application in each country can be generally monitored and
information is shared collectively to obtain the grant of right.

3.
Multilingual communications such as English, German, Korean and Chinese are possible.

4.
Remittance procedure is simplified.

Fees for Chinese and Korean National Phase Entry

China

Attorney Fee

USD 860

Official Fee

USD 140

Korea

Attorney Fee

USD 950

Official Fee

USD 42

Translation Fee English → Chinese USD 0.23per word

Translation Fee English → Korean USD 0.28 per word

The rates vary from case to case as additional fees are necessary depending on the specifications. We are pleased to provide a detailed quotation upon confirmation of your application contents.

Filing a patent in China and Korea

1.
Time limit

China: 30-month time limit - A national phase entry request must be submitted within 30 months from the priority date.
A two month extension is possible, conditional upon payment of additional fees.

Korea: 31-month time limit - The deadline for entering the Korean national phase is 31-month from the priority date (as opposed to the standard 30-month deadline).

2.
Translation

Chinese translation - A Chinese translation of the application must be submitted at the time of filing (i.e. up to 32 months after priority
date with above mentioned extension). This also applies when filing amendments. Korean translation - A Korean translation of the
application must be submitted at the time of filing. This also applies when filing amendments.

3.
Substantive Examination deadline

The examination will be carried out by the examiners of the SIPO and the KIPO, who will decide whether or not the claimed invention should be
patented. An examination will check whether the application fulfills the
requirements i.e., whether or not there are any reasons for refusal.
The deadline for submitting a request for substantive examination for a
patent in China is 3 years from the priority date.
The deadline for submitting a request for substantive examination for a
patent in Korea is 3 years from the international filing date.

In Korea, Utility Model Applications are also subject to substantive
examination and a request must be filed within three years from the
application filing date. In China and Japan, substantive examination for utility model applications is not required.

4.
Required documents

For China:

Chinese National Phase Entry Request (prepared by us)

Translated specifications, including claims, abstracts and figures(must be submitted at the time of application filing)

Translated amendments, if any

For Korea:

Korean National Phase Entry Request (prepared by us)

Translated specifications, including claims, abstracts and figures (shall be submitted at the time of application filing in principal)

Translated amendments, if any

5.
When is a Substantive Examination carried out?

A Substantive Examination is only carried out by the KIPO and SIPO when requested by the applicant and involves an additional fee.
If a request has not been filed within required due date, the application is deemed to be withdrawn.

6.
What are the key points to obtain a Patent in China or Korea

A number of main conditions are listed as follows. For further detailed information, please feel free to contact us.

Whether the claimed invention is based on a technical idea which uses a law of nature.

Whether the technical idea existed before the filing of the current application.

Whether the claimed invention could have been easily arrived at by a person skilled in the art.

Whether the claimed invention is liable to contravene public order and morality.

Whether the descriptions in the specification conform exactly to the requirements for patentability.

7.
Can I file a response against a refusal?

If your application is refused, you are entitled to respond with an argument
or amendments that are within the scope of the initially disclosed
specifications.

8.
If my patent application is successfully granted

If there are no reasons for your application to be refused, you will be granted a patent. A certificate of patent will be sent to you.
After registration the patent will be published in the Patent Registration Gazette, an online resource for researching existing applications.

China
Provided the fees are paid within two months of receiving notice that the application has been successful, the patent will be officially
registered and assigned a patent number.

Korea
Provided the fees are paid within three months (or 9 months at the penalty rate) of receiving notice that the application has been
successful, the patent will be officially registered and assigned a patent number.